DeKalb County Divorce Records
What Are DeKalb County Divorce Records?
DeKalb County divorce records are official legal documents maintained by the county judicial system that document the dissolution of marriage between two individuals. These records are created and maintained pursuant to Georgia Code § 19-5-1, which governs divorce proceedings in the state. Divorce records in DeKalb County consist of various court filings, orders, and certificates that collectively document the legal termination of a marriage.
The DeKalb County Superior Court maintains these records as part of its official duties. Divorce records typically include:
- Petition for divorce (initial filing)
- Summons and proof of service
- Financial affidavits
- Child custody and support agreements (if applicable)
- Property division settlements
- Final judgment and decree of divorce
These records serve multiple important purposes, including providing legal proof of marital status change, enabling remarriage, documenting name changes, supporting Social Security benefit claims, verifying status for loan applications, and establishing marital status for immigration matters. Under Georgia law, divorce records are maintained permanently by the Clerk of Superior Court as part of the county's vital records system.
Are DeKalb County Divorce Records Public?
DeKalb County divorce records have a complex public access status that varies by document type and content. Generally, court divorce case files are considered public records under the Georgia Open Records Act § 50-18-70, which establishes the public's right to access government records. However, this access is subject to important limitations and exceptions.
The following divorce record components are typically accessible to the public:
- Case docket information (case numbers, parties' names, filing dates)
- Final divorce decrees (with certain information potentially redacted)
- Court hearing schedules
- General case status information
However, several categories of information within divorce records may be restricted from public access:
- Financial affidavits and detailed financial information
- Records containing Social Security numbers, bank account details, or other personal identifiers
- Documents with information about minor children
- Records sealed by judicial order for privacy or safety concerns
- Records containing allegations of domestic violence or abuse
Certified divorce certificates, which provide official verification of a divorce, have more restricted access and are typically only available to:
- The parties named in the divorce
- Legal representatives with proper authorization
- Individuals with a demonstrable legal interest
The DeKalb County Superior Court Clerk's Office administers access to these records in accordance with state law and court policies.
How To Find a Divorce Record In DeKalb County in 2026
Members of the public seeking divorce records in DeKalb County may utilize several methods to locate these documents. The primary custodian of divorce records is the DeKalb County Superior Court Clerk's Office. Requestors may pursue the following steps to obtain divorce records:
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Gather necessary information before initiating a search, including:
- Full names of both parties (including maiden names if applicable)
- Approximate date of divorce filing or finalization
- Case number (if known)
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Contact or visit the DeKalb County Superior Court Clerk's Office:
DeKalb County Superior Court Clerk's Office
556 N. McDonough Street, Ground Floor
Decatur, GA 30030
404-371-2836
Clerk of Superior Court
Hours of Operation: Monday-Friday, 8:30 AM - 5:00 PM (excluding holidays)
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Complete a records request form, which is available at the clerk's office or can be downloaded from the county website.
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Pay applicable search and copy fees:
- Record search fee: $15.00 per name searched
- Copy fees: $1.00 per page for regular copies
- Certified copies: $10.00 for the first page, $2.00 for each additional page
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Submit the completed form with payment. Requests may be submitted in person, by mail, or through the county's online portal.
For expedited service, requestors are advised to provide as much specific information as possible about the divorce case being sought.
How To Look Up Divorce Records in DeKalb County Online?
DeKalb County provides digital access to certain divorce record information through several online platforms. The county's commitment to technological advancement has resulted in multiple options for remote records access. Individuals seeking divorce records online may utilize the following resources:
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DeKalb County Superior Court Case Information Portal:
- Navigate to the DeKalb County Superior Court website
- Select "Case Search" from the available options
- Enter search criteria (names, case numbers, or date ranges)
- Review results for basic case information
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Landmark Web Official Records Search:
- This platform provides access to various county records
- Select "Court Records" from the search options
- Enter party names and date ranges
- Review available document indices
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Georgia Judicial Gateway:
- Access the statewide Georgia Judicial Gateway
- Select DeKalb County from the jurisdiction options
- Enter search parameters in the case search function
- Review available case information
Important limitations of online searches include:
- Full document images may not be available for all cases
- Certain sensitive information is redacted from online records
- Cases filed before digital record-keeping began may have limited online information
- Some documents require in-person requests at the clerk's office
Online searches typically provide case numbers, party names, filing dates, case types, and disposition information. For complete case files or certified copies, requestors must contact the clerk's office directly.
How To Find Divorce Records for Free In DeKalb County?
DeKalb County residents and interested parties may access certain divorce record information without payment through several free resources. While comprehensive records typically involve fees, basic information can be obtained at no cost through the following methods:
- Public Access Terminals at the Courthouse:
DeKalb County Courthouse
556 N. McDonough Street
Decatur, GA 30030
404-371-2000
DeKalb County GA
- Self-service computer terminals are available in the public research area
- No fee is charged for searching records on these terminals
- Basic case information is viewable, though printing may incur fees
- DeKalb County Law Library:
DeKalb County Law Library
556 N. McDonough Street, Room 210
Decatur, GA 30030
404-371-3395
DeKalb County Law Library
- Provides free access to public legal resources
- Staff can assist with locating basic case information
- Reference materials on divorce proceedings are available
- Online Case Index:
- The DeKalb County Superior Court website offers a free basic case index
- Search by party name to locate case numbers and filing dates
- Limited to basic docket information without document access
- Georgia Judicial Gateway:
- The state's judicial portal provides free access to basic case information
- Search functionality includes DeKalb County cases
- Limited to docket information and case status
It is important to note that while basic searches may be conducted without cost, fees will apply for:
- Obtaining copies of documents
- Certified copies of divorce decrees
- Comprehensive case file reviews
- Document certification
Pursuant to Georgia Code § 15-6-77, which establishes fees for superior court services, the clerk's office is required to collect prescribed fees for most document reproduction services.
What's Included in a Divorce Records In DeKalb County
Divorce records in DeKalb County comprise a comprehensive collection of documents that chronicle the entire divorce proceeding from initiation to conclusion. These records are maintained pursuant to Georgia Code § 19-5-10, which establishes requirements for divorce documentation. A complete divorce file typically contains the following components:
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Initial Pleadings:
- Complaint/Petition for Divorce - The formal request to dissolve the marriage
- Summons - Official notice to the respondent about the divorce action
- Proof of Service - Documentation showing the respondent received legal notice
- Answer and Counterclaim (if filed) - The respondent's formal reply
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Financial Documentation:
- Domestic Relations Financial Affidavits - Sworn statements of each party's financial situation
- Asset and Liability Schedules - Detailed listings of marital and separate property
- Income Verification - Tax returns, pay stubs, and other income documentation
- Child Support Worksheets (if applicable) - Calculations for child support obligations
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Temporary Orders:
- Temporary Support Orders - Provisions for financial support during proceedings
- Temporary Custody Arrangements - Interim parenting plans
- Restraining Orders (if applicable) - Protective measures during proceedings
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Settlement Documents:
- Separation Agreement - The negotiated terms of the divorce
- Property Division Settlement - How assets and debts are allocated
- Child Custody Agreement - Parenting plan and custody arrangements
- Child Support Determination - Financial support obligations for children
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Final Documents:
- Final Judgment and Decree of Divorce - The official court order terminating the marriage
- Incorporated Agreements - Settlement terms made part of the final order
- Name Change Order (if applicable) - Legal authorization for name restoration
- Certificate of Divorce - Official record of the divorce finalization
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Post-Judgment Filings (if applicable):
- Motions to Modify - Requests to change divorce terms
- Contempt Actions - Claims of non-compliance with divorce orders
- Appeals Documentation - Records related to challenges of divorce rulings
The comprehensiveness of divorce records ensures that all legal aspects of the marriage dissolution are properly documented and preserved for future reference.
How To Get Proof of Divorce In DeKalb County?
Individuals requiring official proof of divorce in DeKalb County must obtain a certified copy of their divorce decree or certificate from the appropriate county authority. This documentation serves as legal verification of marital status change and is often required for remarriage, name changes, and various administrative purposes. The process for obtaining proof of divorce is as follows:
- Request a Certified Copy from the DeKalb County Superior Court Clerk:
DeKalb County Superior Court Clerk's Office
556 N. McDonough Street, Ground Floor
Decatur, GA 30030
404-371-2836
Clerk of Superior Court
- Complete the "Request for Certified Copies" form
- Provide the case number (if known) or names of both parties and approximate divorce date
- Present valid government-issued photo identification
- Pay the certification fee ($10.00 for first page, $2.00 for each additional page)
- Request by Mail:
- Download the request form from the county website
- Include a copy of government-issued photo identification
- Provide a self-addressed stamped envelope
- Include a money order or certified check for applicable fees
- Mail to the clerk's office address listed above
- Request through the Georgia Department of Public Health:
Georgia Department of Public Health
Vital Records Office
2600 Skyland Drive NE
Atlanta, GA 30319
404-679-4702
Georgia Department of Public Health
- For divorces finalized after June 1952
- Complete the state's vital records request form
- Pay the required state fee ($10.00 per certified copy)
- Provide proper identification and proof of relationship
- Expedited Service Options:
- In-person requests at the clerk's office can often be fulfilled the same day
- Third-party courier services may be authorized with proper documentation
- Online requests through the state vital records portal may offer expedited processing for additional fees
Pursuant to Georgia Code § 31-10-26, certified copies of vital records, including divorce certificates, may only be issued to individuals with a direct interest in the record, such as the named parties, their legal representatives, or individuals with a demonstrable legal need.
Can a Divorce Be Confidential In DeKalb County?
Under certain circumstances, divorce proceedings and records in DeKalb County may be granted confidential status, though complete confidentiality is rare. Georgia law provides mechanisms for protecting sensitive information within divorce cases while generally maintaining the public nature of court proceedings. The following provisions exist for confidentiality in divorce matters:
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Sealing of Records:
- Pursuant to Georgia Uniform Superior Court Rule 21, courts may seal records upon motion by either party
- The requesting party must demonstrate that the public interest in access is outweighed by privacy concerns
- A judge must issue a specific order outlining the scope and duration of the sealing
- Complete sealing of entire divorce cases is extremely rare and requires exceptional circumstances
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Redaction of Sensitive Information:
- Personal identifiers such as Social Security numbers, financial account numbers, and dates of birth are routinely redacted from public documents
- Information about minor children is often protected from public disclosure
- Medical and mental health information may be redacted or filed under seal
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Grounds for Enhanced Confidentiality:
- Cases involving domestic violence or abuse allegations
- Matters concerning child abuse or neglect
- Situations involving stalking or harassment
- Cases with sensitive financial information (high-asset divorces, business valuations)
- Divorces involving public figures or celebrities where publicity could cause harm
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Confidential Alternative Dispute Resolution:
- Mediation proceedings are confidential by law
- Settlement negotiations conducted through alternative dispute resolution are not part of the public record
- Final agreements reached through mediation become public only when incorporated into the final decree
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Procedure for Requesting Confidentiality:
- File a motion for protective order or to seal specific documents
- Provide specific legal grounds and factual basis for the request
- Attend a hearing where the court will consider the request
- If granted, comply with the specific terms of the court's confidentiality order
The DeKalb County Superior Court balances the public's right to access court records with legitimate privacy concerns in accordance with state law and judicial precedent. Complete confidentiality is rarely granted, but targeted protection of sensitive information is routinely provided.
How Long Does a Divorce Take In DeKalb County?
The duration of divorce proceedings in DeKalb County varies significantly based on multiple factors, including case complexity, cooperation between parties, and court caseload. Under Georgia law, specifically Georgia Code § 19-5-3, which establishes grounds for divorce, different procedural timelines apply to various divorce scenarios. The following timeframes represent current processing periods:
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Uncontested Divorces:
- Minimum waiting period: 31 days after service of the petition
- Typical completion time: 60-90 days from filing to final decree
- Factors affecting timeline: court scheduling, document preparation, judicial review
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Contested Divorces:
- Average duration: 6-14 months
- Complex cases (high assets, business valuations): 12-24+ months
- Factors affecting timeline: discovery disputes, expert witness involvement, trial scheduling
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Mandatory Waiting Periods:
- Statutory waiting period after filing: 30 days
- Reconciliation period (if ordered by court): typically 30-90 days
- Cooling-off period after mediation failure: varies by judge
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Procedural Milestones and Typical Timeframes:
- Filing to service of process: 1-30 days
- Answer period after service: 30 days
- Discovery phase: 2-6 months
- Temporary hearing: 30-60 days after filing
- Mediation: 3-6 months after filing
- Final hearing (if uncontested): 60-90 days after filing
- Trial (if contested): 9-18 months after filing
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Expediting Factors:
- Complete agreement between parties on all issues
- Proper preparation of all required documentation
- Prompt response to court requests for information
- Utilization of alternative dispute resolution
According to statistics from the DeKalb County Superior Court, approximately 65% of divorce cases are resolved within 9 months of filing, while the remaining 35% require additional time due to complexity or contentiousness. The court's current caseload and staffing levels also impact processing times, with periodic fluctuations based on filing volumes and judicial resources.
How Long Does DeKalb County Keep Divorce Records?
DeKalb County maintains divorce records permanently in accordance with Georgia's records retention requirements. The preservation of these vital records is governed by Georgia Code § 15-6-62, which establishes the duties of superior court clerks regarding record maintenance. The county employs a multi-tiered retention system for different components of divorce records:
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Permanent Retention Records:
- Final Judgments and Decrees of Divorce - Maintained permanently
- Divorce Certificates - Preserved indefinitely
- Case Indices and Dockets - Retained permanently for reference
- Property Settlement Agreements - Maintained as permanent records
- Child Custody Determinations - Preserved indefinitely
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Long-Term Retention Records:
- Financial Affidavits - Typically retained for 25 years
- Temporary Orders - Maintained for 25 years after case closure
- Guardian ad Litem Reports - Kept for 25 years after case closure
- Depositions and Transcripts - Retained for 25 years
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Medium-Term Retention Records:
- Discovery Materials - Generally kept for 10 years after case closure
- Procedural Motions - Maintained for 10 years
- Hearing Notices - Retained for 7 years
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Storage and Accessibility Timeline:
- Active Phase (0-3 years): Records maintained in clerk's office for immediate access
- Semi-Active Phase (3-10 years): Records may be transferred to county archives
- Archival Phase (10+ years): Records preserved in permanent archives or microfilm/digital format
The DeKalb County Superior Court Clerk's Office has implemented a comprehensive digitization program for historical records, with divorce records dating back to the county's formation being progressively converted to electronic format. This initiative enhances preservation while improving accessibility for authorized requestors.
For records research spanning multiple decades, the DeKalb History Center maintains certain historical court records that may supplement the official records of the clerk's office, particularly for cases predating modern recordkeeping systems.
How To Get a Divorce In DeKalb County
Individuals seeking to dissolve a marriage in DeKalb County must follow specific legal procedures established under Georgia law. The divorce process, governed by Georgia Code § 19-5-8, requires adherence to jurisdictional requirements and procedural steps. The following outlines the current process for obtaining a divorce in DeKalb County:
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Establish Residency Requirements:
- Either spouse must have been a Georgia resident for at least six months
- File in DeKalb County if the respondent resides there, or if the respondent is a non-resident and the petitioner lives in DeKalb
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Prepare and File Initial Documents:
DeKalb County Superior Court
556 N. McDonough Street
Decatur, GA 30030
404-371-2836
DeKalb County State Court
Required documents include:
- Petition for Divorce
- Verification Form
- Domestic Relations Financial Affidavit
- Standing Order
- Domestic Relations Case Filing Information Form
- Child Support Worksheet (if children involved)
- Parenting Plan (if children involved)
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Pay Filing Fees:
- Current filing fee: $214.00
- Additional service fee (if sheriff serves): $50.00
- Fee waiver available through Affidavit of Indigence if qualified
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Serve the Other Spouse:
- Sheriff's service
- Private process server (court-approved)
- Acknowledgment of Service (if cooperative)
- Publication (if spouse cannot be located)
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Wait for Response:
- Respondent has 30 days to file an Answer (45 days if served by acknowledgment)
- Case may proceed as uncontested if no Answer is filed
- If contested, case proceeds to discovery and potential temporary hearings
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Mandatory Mediation:
- All contested divorces require mediation before trial
- Schedule through the DeKalb County Alternative Dispute Resolution Office
- Fees based on income (fee waivers available)
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Finalize the Divorce:
- Uncontested: Submit final paperwork for judicial review
- Contested: Attend final hearing or trial
- Judge signs Final Judgment and Decree of Divorce
- Minimum 31-day waiting period from filing to finalization
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Post-Divorce Procedures:
- Obtain certified copies of the decree
- Implement property division per decree
- Update personal records (name change, beneficiaries, etc.)
- File Qualified Domestic Relations Orders if dividing retirement accounts
Self-help resources are available through the DeKalb County Law Library and the Georgia Legal Aid website, though consultation with an attorney is strongly recommended, particularly for complex cases.
How To Get Divorce Papers In DeKalb County
Individuals initiating divorce proceedings in DeKalb County must obtain and properly complete the required legal forms. These documents constitute the foundation of the divorce case and must comply with Georgia law and local court rules. The following methods are available for obtaining divorce papers in DeKalb County:
- DeKalb County Superior Court Clerk's Office:
DeKalb County Superior Court Clerk's Office
556 N. McDonough Street, Ground Floor
Decatur, GA 30030
404-371-2836
Clerk of Superior Court
Hours: Monday-Friday, 8:30 AM - 5:00 PM
- Visit the Family Law Division
- Request divorce packet appropriate to your situation (with/without children)
- Pay nominal fee for forms packet (approximately $5-10)
- DeKalb County Law Library:
DeKalb County Law Library
556 N. McDonough Street, Room 210
Decatur, GA 30030
404-371-3395
DeKalb County Law Library
Hours: Monday-Friday, 8:30 AM - 5:00 PM
- Access divorce form templates
- Receive assistance with form selection (not legal advice)
- Use reference materials to understand filing requirements
- Print forms for a nominal fee
- Online Resources:
- DeKalb County Superior Court website - Forms section
- Georgia Judicial Council - Standardized family law forms
- DeKalb Legal Aid - Self-help resources
- Required Forms for Divorce Filing:
- Petition for Divorce
- Verification Form
- Domestic Relations Financial Affidavit
- Domestic Relations Case Filing Information Form
- Standing Order
- Summons
- Sheriff's Entry of Service Form (if applicable)
- Additional Forms for Cases Involving Children:
- Child Support Worksheet
- Parenting Plan
- Child Support Addendum
- Notice of Mandatory Seminar
- Form Completion Assistance:
- Family Law Information Center (FLIC) provides limited assistance
- Volunteer lawyer programs offer periodic clinics
- Law library staff can direct to appropriate resources
It is important to note that while court personnel and library staff can provide forms and general information about filing procedures, they cannot provide legal advice. For complex cases or specific legal guidance, consultation with an attorney is recommended. Many local attorneys offer initial consultations at reduced rates to review self-prepared documents.